Child Support
Child Support Assessment
Both parents have a responsibility to maintain their children financially.
The assessment of child support is undertaken by the Child Support Agency and is determined with the principal objects to ensure that children receive a proper level of financial support from their parents and that the children share in the standard of living of their parents. Factors that are considered are the number of nights the children are in each parents care, income of the parents and other dependent children.
To determine the child support payable in your circumstance it is best to contact the Child Support Agency to obtain an assessment. Alternatively, you can obtain an estimate using the child support agency’s online estimate calculator.
Varying a child support assessment
You are able to change a child support assessment as follows:
• If your circumstances have changed and by updating the Child Support Agency with the current information; or
• Departing from the administrative assessment.
Change of circumstances
If your circumstances have changed, you should contact the Child Support Agency to provide an update in relation to your circumstances to ensure that you are receiving or paying the correct amount of child support from your children. Those change in circumstances may include:
- Change in income;
- A new child being born;
- Change to the care arrangements for the children.
Contact Farrawell Family Law
Departing from the Child Support Assessment
Binding Child Support Agreement
Parents are able to depart from the Child Support Assessment and enter into a Binding Child Support Agreement or Limited Child Support Agreement in certain circumstances. The parties may agree to pay child support in various forms including school fees, extracurricular activities fees and expenses, lump sum payments and regular ongoing payments to ensure their children’s needs are met.
Both parties must obtain independent legal advice prior to entering into a Binding Child Support Agreement.
The agreement can include the following:
- The payment of a lower rate than assessment by the Child Support assessment.
- Lump sum payments.
- Not varying the amount despite a change of care arrangements for the children.
- Payment of private school fees.
- Payment of medical expenses.
Limited Child Support Agreement
The child support assessment payment can be varied through a Limited Child Support agreement. There is no requirement for independent legal advice to be obtained for this agreement. However, it must be registered and accepted by the Child Support Registrar, must not be less than the child support assessed and will only remain in place for a maximum period of 3 years.
